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Federal Civil Procedure > Subject Matter Jurisdiction > Flashcards

Subject Matter Jurisdiction Flashcards

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Civil Procedure 1L flashcards
1
Q

Subject matter jurisdiction is the power over what?

A

The case

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2
Q

What are the two main types of suits that federal courts can hear?

A

Diversity of citizenship and Federal question

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3
Q

What are the two requirements of Diversity of Citizenship cases?

A
  1. The case is either (a) between “citizens of different states” (diversity) or
    (b) between “a citizen of a state and a citizen of a foreign country”
    (alienage) and
    The amount in controversy exceeds $75,000.
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4
Q

What two place does the term states include?

A

DC and Puerto Rico

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5
Q

What is the complete diversity rule?

A

No diversity if any P is a citizen of the same state as any D.

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6
Q

How citizenship of a US citizen determined?

A

By the state of her domicile.

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7
Q

Domicile is established by what two factors?

A

(1) Presence in state AND (2) intent to make it her permanent home (e.g., paying in-state tuition, registering to vote).

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8
Q

Can a person have more than one domicile at a time?

A

No. A person is only a citizen of one state.

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9
Q

At what point do we test for diversity?

A

we test for diversity when the case is filed.

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10
Q

P (CA) sues D (AZ). After filing, D becomes a citizen of CA. Does that mean
diversity is destroyed now that it’s California versus California? Why?

A

No, we test for diversity when the case is filed.

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11
Q

P (CA) wants to sue D (CA) in federal court. P moves to Utah and sues under diversity jurisdiction? is this ok?

A

It’s OK if P changed her domicile. Here we know she moved to Utah, but we do not know if she has made Utah her domicile.

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12
Q

P (CA) wants to sue D (CA) in federal court. P moves to Utah and sues under diversity jurisdiction? What else needs to be known?

A

We do not know her intent. Takes 2 things to change a domicile. need to move and the intent to make it her home.

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13
Q

How do you determine the citizenship of a corporation?

A

citizenship equals: (1) state where incorporated AND (2) the one state where the corporation has its principal place of business (PPB).

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14
Q

XYZ Corp. (inc. in AZ with PPB in CA) sues D (CA). Is there diversity?

A

No, P and D are CA citizens.

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15
Q

What is the corporation’s principal place of business? What do we call this?

A

It’s where managers direct, control, and coordinate corporate activity. We call this the nerve center, usually the its headquarters.

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16
Q

How do you determine the citizenship of an Unincorporated association (like partnership, LLC).?

A

Use the citizenship of all members (that includes general and limited partners)

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17
Q

Partnership has partners who are citizens of CA, AZ, UT, and NV. What is Partnership’s citizenship?

A

CA, AZ, UT, and NV. If unincorporated it is citizenship of all of the partners.

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18
Q

How do you determine the citizenship of Decedents, minors, or incompetents?

A

Use their citizenship, not the citizenship

of their representative.

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19
Q

Executor (CA), on behalf of the estate of Elvis (TN), sues D (CA). Is that OK? Why or why not?

A

Yes, because the P here is TN, look to the decedent, ignore the executor.

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20
Q

What is the minimum that a plaintiff must sue for in good faith to get to federal court?

A

$75,000.01

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21
Q

P sues for exactly $75,000. OK?

A

No, it must exceed 75,000

22
Q

Whatever the plaintiff claims in good faith is OK unless what?

A

It is clear to a legal certainty that she cannot recover more than $75,000.

23
Q

Suppose P sues for more than $75,000 but ultimately recovers less than $75,000. Is jurisdiction OK?

A

Yes. What P wins is irrelevant to jurisdiction.

24
Q

What is the penalty in the plaintiff wins less than $75,000?

A

A Plaintiff who wins less than $75,000 may have to pay D’s litigation costs which do not include attorney’s fees.

25
Q

What is Aggregation?

A

adding two or more claims to meet the amount requirement

26
Q

P sues D for $40,000 breach of contract and for $50,000 for a totally unrelated
claim. What is the amount? Why?

A

The amount is $90,000.

We aggregate claims of one plaintiff v. one defendant.

27
Q

Plaintiff #1 sues D for $50,000. In the same case, Plaintiff #2 sues D for
$40,000. OK? Why?

A

No. You cannot aggregate these two claims because the case is not by a single P against a single D.

28
Q

P sues joint tortfeasors X, Y and Z for $75,000.01. OK? Why?

A

Yes, for joint claims, use the value of the claim. The number of parties is irrelevant because it is a joint claim.

29
Q

What are the two tests for equitable (injunctive) relief to satisfy the minimum amount requirement. Which tests do you apply?

A

Plaintiff’s viewpoint test: does the thing that plaintiff is suing to enjoin decrease the value of plaintiff’s property by more than $75,000?

Defendant’s viewpoint test: would it cost defendant more than $75,000 to comply with the injunction?

Apply them both. If either is met most courts will allow suit to meet the minimum requirement rule.

30
Q

What actions are barred from federal courts?

A

Federal courts will not hear actions involving issuance of divorce, alimony or child custody decree or to probate an estate.

31
Q

What does a federal question case need to show to go to federal court?

A

Complaint must show a right or interest founded substantially on a federal law (e.g., federal constitution, legislation) and that the claim “arises under” federal law.

32
Q

Is citizenship of the parties relevant in federal question cases?

A

No

33
Q

Is the amount in controversy relevant in federal question cases?

A

No

34
Q

What is the well pleaded complaint rule?

A

It is not enough that some federal issue is raised by the complaint. The P’s claim itself must “arise under” federal law.

35
Q

What do you look at when you are assessing the well pleaded complaint rule? What do you ignore?

A

we look at the claim and ignore other material P might have alleged.

36
Q

What do you ask when assessing the well pleaded complaint rule?

A

Is P enforcing a federal right?

37
Q

Sharon Stone hires David Epstein to build a house. Epstein then fails to build, but argues that a federal environmental statute prohibits building where Sharon wants to build. Sharon sues Epstein for specific performance, and alleges that the federal statute does not apply. Is there a federal question, why or why not?

A

there is no FQ jurisdiction because Sharon is not enforcing a federal right.

38
Q

What happens after a claim get to federal court under either diversity or FQ and there are additional claims in that case, what do you need to do?

A

For every single claim, test whether it invokes diversity or FQ. If so, it can come into the case.

39
Q

What if the additional claim does not get in using diversity or FQ?

A

Use supplemental jurisdiction

40
Q

Can Supplemental Jurisdiction be used to get a case into federal court? Why or why not?

A

No, Supplemental jurisdiction only works after a case is already in federal court (through diversity or FQ).

41
Q

What is the test for Supplemental Jurisdiction?

A

The claim we want to get into federal court must share a “common nucleus of operative fact” with the claim that invoked federal subject matter jurisdiction.

42
Q

In what additional claims is the supplemental jurisdiction test always met?

A

This test is always met by claims that arise from the same transaction or occurrence (T/O) as the underlying claim.

43
Q

What is the limitation for “the test” for supplemental jurisdiction?

A

In a diversity case, the plaintiff cannot use supplemental jurisdiction to overcome a lack of diversity.

44
Q

P (Utah) sues D-1 (CA) and D-2 (Utah) on state-law claims in one case. The claims arise from the same transaction. The claims exceed $75,000. The claim by P against D-1 meets diversity of citizenship jurisdiction. The claim by P against D-2 does not. Can the claim by P against D-2 invoke supplemental jurisdiction? Is it OK? Why?

A

No, because P can never overcome a lack of diversity in a diversity case.

45
Q

Can supplemental jurisdiction be used to overcome a lack of diversity for a claim in an FQ case?

A

Yes, P can use supplemental jurisdiction to overcome a lack of diversity for a
claim in a FQ case.

46
Q

P (CA) sues D (CA) for (1) violation of federal antitrust laws, and joins a transactionally related claim for (2) violation of state antitrust laws. OK?

A

Claim (1) is OK because it’s a FQ. But claim (2) is not FQ (because it’s based on state law) and does not meet diversity.

47
Q

P (CA) sues D (CA) for (1) violation of federal antitrust laws, and joins a transactionally related claim for (2) violation of state antitrust laws. Can claim (2) invoke supplemental jurisdiction? Why or why not?

A

Yes YES. It meets “the test” and the limitation does not apply.
THE LIMITATION NEVER APPLIES IN FEDERAL QUESTION CASES

48
Q

Can P use supplemental jurisdiction to overcome a lack of amount in controversy for an additional claim in a diversity case?

A

Yes. (i.e., suing D1 for $100,000 and exercising supplemental jurisdiction for a claim against D2 arising out of the same transaction or occurrence for $25,000)

49
Q

P-1 (CA) and P-2 (CA) sue D (AZ) on state-law claims. P-1’s claim is for $100,000. P-2’s claim arises from the same transaction, and is for $50,000.
Can the claim by P-2 invoke supplemental jurisdiction? Why or why not?

A

Yes. This claim meets the test and the limitation does not apply to problems with amount in controversy. Limitation applies to lack of diversity not lack of amount.

50
Q

a non-federal, non-diversity claim can be heard in federal court if it meets “the test” UNLESS it is what?

A

a. Asserted by a plaintiff
b. In a diversity of citizenship (not FQ) case AND
c. Is against a citizen of same state as the plaintiff.

51
Q

What three supplemental claims do the courts have discretion to not hear?

A

(1) the federal question is dismissed early in the proceedings; or (2) the state law claim is complex, or (3) state law issues would predominate

Federal Civil Procedure (14 decks)

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